Tiburon Municipal Code Art. II Traffic and Driving Regulations

It is unlawful to willfully fail or refuse to comply with any lawful order, signal or direction of any peace officer, as defined in chapter 4.5 (commencing with section 830) of title 3 of part 2 of the Penal Code, when that peace officer is in uniform and is performing duties under any of the provisions of this code, or to refuse to submit to any lawful inspection under this code.

(Ord. No. 423 N.S., § 2 (part))

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this town in their enforcement of the provisions of this chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction.

(Ord. No. 423 N.S., § 2 (part))

The police department of this town may remove or cause to be removed:

(a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours in violation of section 23-32 of this chapter;

(b) Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such parking or standing is prohibited by ordinance or resolution of the town and when signs are posted giving notice of such removal;

(c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal;

(d) Any vehicle deemed abandoned or inoperative pursuant to the provisions of article V of this chapter or the Vehicle Code.

(Ord. No. 423 N.S., § 2 (part))

The operator of any vehicle shall obey the instructions of any official traffic control device placed in accordance with this chapter unless otherwise directed by a police officer or other authorized emergency vehicle when responding to emergency calls.

(Ord. No. 423 N.S., § 2 (part))

(a) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign posted giving notice of such restrictions as hereinafter provided in this section.

(b) Appropriate signs shall be posted giving effect to this section at any intersection where the police department or the town finds that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic.

(Ord. No. 423 N.S., § 2 (part))

The driver of a vehicle shall cause the vehicle to come to a complete stop at any stop sign erected pursuant to resolution of the town council or at the entrance to any intersection of railway or grade crossing so designated by the town council.

(Ord. No. 423 N.S., § 2 (part))

The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley way or driveway.

(Ord. No. 423 N.S., § 2 (part))

No person shall operate or drive a commercial vehicle (as defined in section 260 of the Vehicle Code) in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited.

(Ord. No. 423 N.S., § 2 (part))

(a) No person shall operate or drive a commercial vehicle (as defined in section 260 of the Vehicle Code) in, on or across the streets listed in subsection

(b) of this Section between the hours of ten p.m. and eight a.m. on Saturday, Sunday and Holidays and ten p.m. and seven a.m. on all other days. This restriction shall not apply to taxicabs, as defined in section 11-1 of the Municipal Code. This restriction shall apply, without limitation, to any vehicle used for the collection of refuse or recyclable materials.

(b) The restrictions of this section shall apply to Main Street (including, without limitation, that portion commonly known as Ark Row); Juanita Lane; that portion of Tiburon Boulevard lying east of Beach Road; and any other street or highway or portion thereof that may be so designated by resolution of the Town Council.

(Ord. No. 466 N.S., § 1)

No person shall ride, drive, propel or cause to be propelled, any vehicle across or upon any sidewalk except over permanently constructed driveways or when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk.

(Ord. No. 423 N.S., § 2 (part))

No person shall ride or drive any vehicle over or across any newly made pavement or freshly painted markings on any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed.

(Ord. No. 423 N.S., § 2 (part))

(a) No person, public utility or department in the town shall erect or place any barrier or sign on any street unless of a type approved by the town traffic engineer.

(b) No person shall disobey the instructions, remove, tamper with, or destroy any barrier or sign lawfully placed on any street by any department of this town, by any public utility or other person authorized by the town.

(Ord. No. 423 N.S., § 2 (part))

(a) It is unlawful for any person upon a skateboard, in-line skates, roller skates, or riding in, upon, or by means of, any pocket bike, as defined in section 473 of the California Vehicle Code, or any motorized or nonmotorized coaster, bicycle, toy vehicle, or similar device to go upon any public street; upon any public sidewalk; or upon any other public area that the town manager has posted to prohibit such activity as unsafe or otherwise inappropriate.

(b) The town manager has designated the following public areas and any adjoining public sidewalks as being unsafe or inappropriate for the activities listed in subsection (a) of this Code:

(1) Fountain Plaza, defined as the brick plaza with fountain, located at the northwest corner of the intersection of Tiburon Boulevard and Main Street, between the building commonly known as 10 Main Street/1704 Tiburon Boulevard and Tiburon Boulevard.

(2) Shoreline Park, defined as the park located in the downtown area between Paradise Drive on the north, San Francisco Bay on the south, the intersection of Mar West Street and Paradise Drive on the east, and the property commonly known as 1 and 5 Main Street on the west.

(Ord. No. 423 N.S., § 2 (part); Ord. No. 511 N.S., § 2)

(a) No person shall operate or drive any motorized vehicle upon any portion of any bicycle or pedestrian paths owned by the Town of Tiburon. This prohibition shall not apply to:

(1) The Town of Tiburon's official vehicles, or to emergency vehicles, operated by public employees;

(2) Vehicles operated by any public utility company engaged in emergency repairs, or any vehicle operated under the terms of a valid encroachment permit issued by the Town of Tiburon;

(3) Any "class 1 electric bicycle" or "low-speed pedal-assisted electric bicycle," as defined in California Vehicle Code section 312.5;

(4) Any "class 2 electric bicycle" or "low-speed throttle-assisted electric bicycle," as defined in California Vehicle Code section 312.5.

(b) No person shall permit or allow any horse to enter any paved portion, exclusive of identified crossing points, of any bicycle or pedestrian path owned by the Town of Tiburon.

(Ord. No. 423 N.S., § 2 (part))

(Ord. No. 567 N.S., § 1A, 11-16-2016)

(a) Permitted vehicles and devices. The following uses shall be permitted only on the asphalt concrete portion of that certain multi-use path owned by the Town of Tiburon, commonly known as Old Rail Trail, and formerly the Northwestern Pacific Railroad Company right-of-way, more particularly described in those certain deeds conveying the property to the Town of Tiburon, recorded in Book 2426, Page 99, and Book 2429, Page 428, of the Official Records of Marin County:

(1) Roller skates or roller blades;

(2) Skateboards;

(3) Pedal-powered, non-motorized bicycles or tricycles that do not exceed thirty-six inches in width and are not used for commercial purposes;

(4) "Class 1 electric bicycles" or "low-speed pedal-assisted electric bicycles" and "class 2 electric bicycles" or "low-speed throttle-assisted electric bicycles," as defined in California Vehicle Code section 312.5; provided that such bicycles do not exceed thirty-six inches in width and are not used for commercial purposes.

(5) Baby carriages and strollers;

(6) Conveyances for disabled persons;

(7) Emergency vehicles;

(8) Department of public works vehicles.

(9) Vehicles operated by any public utility company engaged in emergency repairs, or any vehicle operated under the terms of an encroachment permit issued by the Town of Tiburon.

(10) Electric personal assistive mobility device, electrically motorized boards, motorized scooter.

(b) Vehicles required to yield the right-of-way to pedestrians. Under all circumstances the rider or operator of wheeled vehicles or devices which are permitted uses on Old Rail Trail under subsection (a) of this section, shall yield the right-of-way to pedestrians; due and proper care for the health and safety of pedestrians shall at all times be exercised by the rider or operator of such vehicles or devices.

(c) Group riding. No more than two persons shall ride or operate wheeled vehicles or devices side-by-side on Old Rail Trail.

(d) Racing—Unsafe riding. It is unlawful for any person riding or operating any wheeled vehicle or device to race any other such vehicle or device or person upon Old Rail Trail. It is also unlawful for any person riding or operating any wheeled vehicle or device to engage in any unsafe riding or operating which endangers the health or safety of any person, including the operator or such vehicle.

(e) Dangerous speed. It is unlawful for any person to ride or operate any wheeled vehicle or device on Old Rail Trail at a speed greater than fifteen miles per hour, or if pedestrians are present no greater than eight miles per hour, or to endanger the health, safety or property of any other person while riding or operating any wheeled vehicle or device on Old Rail Trail, or to ride or operate such vehicle or device on Old Rail Trail in a reckless, wanton or careless manner so as to endanger the health or safety of any person, including such rider or operator.

(f) Applicability of traffic regulations. Every person who rides or operates any wheeled vehicle or device permitted on Old Rail Trail shall have all the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter except those provisions which by their very nature can have no application to such persons.

(Ord. No. 423 N.S., § 2 (part))

(Ord. No. 567 N.S., § 1B, 11-16-2016; Ord. No. 607 N.S. , § 1, 3-6-2024)

No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or at any other intersection where a crosswalk exists.

(Ord. No. 423 N.S., § 2 (part))

(a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section:

(1) "Motorcycle" means any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds. Such term includes every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with a motor attached. For the purposes of this definition, a "motor vehicle" is a vehicle which is self-propelled.

(2) "Unimproved road" means any road, right of way, path, trail, clearing, graded area or land which is not surfaced with cement, concrete, asphaltic concrete, macadam or other similar material, or which does not have a hard surface made up of mixture of rock, sand or gravel bound together with an artificial binder other than natural soil.

(b) (1)

It is unlawful for any person to operate any motorcycle, other than a publicly owned motorcycle, on, over or across any unimproved road without having first obtained a permit. Permits shall be issued by the town manager upon a determination that the owner of such real property concerned, or the person in lawful possession thereof, has consented, in writing, to the proposed motorcycle operation and the appropriate fire officials concerned have certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle or the proposed operation thereof.

(2) Each permit so issued shall specify the effective dates for which the permit is valid and shall further specify the areas of permitted operation. The permit is not and shall so state on its face, an expression by the town that such proposed operation can be done with safety to the operator or other persons or property, all of which risks are assumed by the applicant or other responsible persons. This section shall not apply to the owner or person in lawful possession of the unimproved road.

(c) Any person whose application for a permit is denied may appeal such decision to the town council by filing a written notice of appeal within ten days after notification by the town manager that such permit has been denied. The town council shall thereupon conduct a hearing on such appeal within thirty days from the date of filing such notice of appeal with the town clerk. The decision of the town council shall be final and conclusive upon all persons concerned.

(Ord. No. 423 N.S., § 2 (part))